IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION

GLENN KANVICK, CV 22-26-BLG-SPW Plaintiff, vs. ORDER ADOPTING MAGISTRATE’S FINDINGS BILLINGS PUBLIC SCHOOLS, AND RECOMMENDATIONS DISTRICT #2 ALL PAST AND FUTURE TRUSTEES, et al., Defendants.

United States Magistrate Judge Timothy Cavan filed Findings and Recommendations on April 4, 2023. (Doc. 17). Judge Cavan recommends that Plaintiff's case be dismissed with prejudice for failure to state a claim pursuant to

(e)(2). (id. at 1). Pursuant to

(b)(1), parties are required to file written objections within 14 days of the filing of the Magistrate’s Findings and Recommendation. No objections were filed. When neither party objects, this Court reviews the Magistrate’s Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc.,

(9th Cir. 1981). Clear error exists if the Court is left with a “definite and firm conviction that a mistake has been committed.” United States v. Syrax,

(9th Cir. 2000). After reviewing the Findings and Recommendation, this

Court does not find that Judge Cavan committed clear error.

IT IS ORDERED that the proposed Findings and Recommendations entered

by United States Magistrate Judge Timothy Cavan (Doc. 17) are ADOPTED IN

FULL. IT IS FURTHER ORDERED that the case be DISMISSED WITH

PREJUDICE and that Plaintiff's Motion for Continuance (Doc. 15) be DENIED as

moot. The Clerk of Court is directed to enter judgment and close this matter.

DATED this Gay of May, 2023.

Lea CLA ties SUSAN P. WATTERS United States District Judge